유치권확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 26, 2012, a decision to commence voluntary auction was rendered on March 26, 2012, and the entry registration was completed on the same day, according to the application for voluntary auction on each building listed in the separate list of Korea Asset Management Corporation (hereinafter “instant building”).
B. On October 2, 2012, the Plaintiff reported the lien with the amount of KRW 380,000,000 as the secured claim at the above auction court.
C. In the above auction procedure, the Defendant acquired ownership by receiving the successful bid of the instant building and paying the price, and then on December 2012, a list against the Plaintiff and Nonparty D
1. Attached drawings among the buildings to be entered;
1. The same list as the part on board (A) (hereinafter referred to as the "part") connecting each point of the mark 1, 2, 3, 4, and 1 in sequence;
3. The same drawing among the buildings to be entered.
3. An application for an order for the delivery of real estate was filed with respect to the portion (c) (hereinafter referred to as “part (c) in succession to each point of indication 9, 10, 11, 12, 13, 14, 15, and 9, and the application was accepted.
(Seosan Branch of Daejeon District Court E).
On March 21, 2013, the Defendant, based on the above extradition order, was unable to execute the extradition on the ground that “it is impossible to ascertain whether he/she occupies” even though he/she had executed the extradition execution.
[Ground of recognition] Facts without dispute, Gap evidence 3-1 to 5, Gap evidence 11-2, Gap evidence 12-1, 2, Eul evidence 3, the purport of the whole pleadings
2. (A) With respect to a claim for confirmation of a lien in respect of the section and section (c)
A. The requirements for establishment of a lien under Article 320 of the Civil Act, and possession, which is the requirements for existence of a lien, refers to an objective relationship in which an article appears to belong to a person’s factual control in light of social norms. At this time, factual control is not limited to physical and practical control over an article, but should be determined in accordance with the concept of society, taking into account the time and spatial relationship with the article, the possibility of exclusion from control of others, etc.